REFERENCE TITLE: peace officers; force; prohibited rules

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HB 2553

Introduced by

Representative Kavanagh: Senators Barto, Boyer

AN ACT

amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38‑1117; relating to law enforcement officers.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1117, to read:

START_STATUTE38-1117. Law enforcement officers; use of physical force or deadly force; prohibited policies, rules or directives; definition

A.  A government body may not adopt a policy, rule or directive that prohibits a law enforcement officer from using physical force when the use is allowed by law unless the policy, rule or directive includes a statement that any nonforce tactics required to be used first by departmental policy, rule or directive before physical force can be used are only required in situations where a reasonable person would conclude that the use of the nonforce tactics would not expose the law enforcement officer or another person to the threat of physical injury, serious physical injury or death.

B.  A government body may not adopt a policy, rule or directive that prohibits a law enforcement officer from using deadly physical force when the use is allowed by law unless the policy, rule or directive includes a statement that any nonforce tactics or level of force less than deadly physical force required to be used first by departmental policy, rule or directive before deadly physical force can be used are only required in a situation where a reasonable person would conclude that the use of the nonforce tactics or level of force less than deadly physical force would not expose the law enforcement officer or another person to the threat of physical injury, serious physical injury or death.

C.  A government body may not adopt a policy, rule or directive that prohibits a law enforcement officer from using a defensive tactic if the use of that tactic in a particular situation would otherwise be allowed under law unless the Arizona peace officer standards and training board has determined that the tactic should not be used in the situation.

d.  For the purposes of this section, "government body" includes a law enforcement agency or department. END_STATUTE